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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds have finally agreed I'm suffering financial hardship but refuse to process my claim - courts or FOS


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This is gonna sound harsh but is there anyway of getting out of the childminder's fees and/or are there any extended family that can help?

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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I do understand how frustrating this is there is a case recently where it went to the high court to try and lift the stay as the claimant was about to lose his house .This was an HSBC case . The court did not lift the stay but critisised the bank for not assisting the claimant under the terms of the waiver. Still they did not pay out. Luckily he got the eviction suspended. then he kept trying. We also wrote to the CEO of the bank three times complaining. Eventually they made an interim offer of £1000.00 .

 

Some banks however have paid out up to 80% of the charges with few problems and that is quite recently.

 

If it makes you feel better you can email the FSA and report them for apparently flouting the terms of the waiver.

 

I understand they know you are a hardship case and therefore they should be giving you some sort of assistance as they are also not adhering to their own guidelines .

 

If you want to post up an email with the £ as xxx then I will look at it for you if you want and make any suggestions.

 

It is unfortunately important to keep the correspondence factual and to the point and very firm as to what you require .

 

You have nothing to lose . Keep trying.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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crossed posts I will read your post:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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basically the actions I refer to by collections, which I have received two separatye letter of apology for are documented in my posts elsewhere about collections harrassing me for money's not due

 

1) they reduced my overdarft limit in April 2008 WITHOUT telling me and then set the collections pit bulls on my a**se, it took me 6 months for them to explain that they had lowered my overdraft without telling me, they apologised and said hard cheese, here's a lovely payment plan for you to get under the new "agreed permanent" limit

 

2) the lovely payment plan they decioded on to "assist" me with my finanancial difficluties was £15 a month and all interest suspended. I kept making the £15 a month (as explained above, robbing peter to pay Lloyds and all that) but they added interest in Feb, then gave me a lovely unplanned overdarft, threatening letters, £6 per day charges plus £15 a month. I finally got it sorted and they did exactly the same in March, and April.

 

They've apologised but in the meantime I was diagnosed with a stress related heart arythmia (funny that isn't it - I wonder what stress I'm under) back in April 2008.........around the time I started getting hounded by those lovely call centre people from collections withou knowing the hell why !!!?

 

None of this seems to make any difference to them......I think this has become a human rights issue, maybe a legal one.....I'm not sure anymore. More wine, the court tomorrow, if that's not successful The I'm going to just have to let it all go, I actually can't take it anymore.

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Hia yourbank, no it's not harsh, no worries, I'm not working now so am not paying them, WFTC used to pay something towards them, mum's disabled, all other family working/not supportive or estranged. Can't get part time work as I'm an engineer, her dad works funny shifts so can't collect or drop her to school, doesn't drive either and lives a good half an hour away in a car. Overqualified for the part-time jobs that are going that fit in with school times.

 

I've absolutely done everything I think I can, claim absolutely everything I can.

 

If I got my damn charges back I'd be in with a fighting chance. I was workiung full time and doing a part-time MSc, not lazy, working myself into the ground to keep everything together, wondering why I bothered now.

 

Hopefully a judge will see my efforts, I raised my dredit score from "don't give this woman anything , ever" to "actually please would you just have another think about having some more credit because you're such a good payer".

 

Ironically I have a letter dated 2 weeks ago thanking me for my relentless promptness with paying my car HP and asking me to consider taking another loan with them for my next car!!!! ha! a change is coming.

 

I'm really hoping that with all my evidence a judge will decide sanely and decently to get my stay lifted without a hearing (might save some time) and then get me a quick court date. I've heard the banks allways setlle before the actual case is heard, sometimes on the court steps ! what I need to do now I think is actually get those FACTS from Cardiff Court to add to my case (the guy's on hols til next wednesday..bugger!), and just to compund everything, rubbiong salt into my long standing wounds, Lloyds will readily agree I'm in financial ahrdship (I have a name and department to quote a verbal confirmation that they agree), and also that they will not agree to lift the stay or refund, and that I will one ovely sunny day get writtent confirmation of this but they can't "say when this will be".

 

You know I think I'm going mad. I'll probably have to put anpother com,plaint in, which will take anopther 8 weeks (car gone by then) to get theletter their promising...methinks they're being obrtuctive...methinks they're trying to break me.....methinks I've definately had a bit much to drink now......

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Janus, do you want my spreadsheet detailing my income expenditure ?

 

I hadn;t though of emailing the CEO, of LLoyds ? How to I get his address, it took me 3 months to get an email address for the charges department !!

 

yes, yes anyone have the email, snail mail address of the CEO of Lloyds ? I did search for a personal banking managing dirtector (wales) name on google a while ago and came uup with nothing....

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also yourbank, my credit card charges only amount to around £70, not even going to make a dent, only half of one months car payment ! will take months to sort out.

 

I have to give a sh*t about my credit because of my girl, I'm trying so hard to keep things together, she has no clue how worried I am or how close we are to miving into a grotty bedsit, I'm trying hard, guess that's why I've got dicky heart. If it wasn't for her I'd have tripped off to spain a long time ago and put this whole sorry mess behind me.

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  • 3 months later...

Update ****

 

I wrote notifying that I would be making no further payments on this overdraft account, as I am disputing that I owe the amount that collections are attempting to collect. I detailed in my letter why I disp[uted that I owe the amount, i.e. that the amount is entirely made up of punitve charges applied and that this matter is currently the subject of litigation in the courts. I also stated that I expected Lloyds to await the outcome of that case before any further action was taken.

 

I received a very nasty letter from SCM (Lloyds solicitors), maintaining that I have to repay the overdraft and threatening legal action if I do not make any payments within 7 days. They haven't commented at all on the litigation in the courts about bank charges.

 

I've written back and maintained that I dispute that I owe this amount. That this overdraft wouldn't exist at all if they hadn't applied punitive charges.

 

I've recieved, last week, a letter from collections stating that they will delay court action for a further 10 days in order for me to make a payment.

 

I'll be writing back maintaining that I dipsute that I owe the amount they are trying collect.

 

I'm fully expecting them to proceed with court and will update when I have a hearing date.

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